{
  "section": "4610",
  "code": "California Civil Code",
  "law_code": "CIV",
  "citation": "California Civil Code § 4610",
  "heading": "The Common Area Is Not Subject to Partition",
  "heading_is_editorial": true,
  "effective": "2013-01-01",
  "amended_by": "Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.",
  "official_credit_line": "Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.",
  "official_url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=4610.",
  "page_url": "https://quoroom.org/law/severability",
  "pending_amendment": null,
  "version_history": [],
  "verified": "two sources agree",
  "verification_note": "Text taken verbatim from the Legislative Counsel of California official code database and checked word for word against an independent publisher.",
  "sources": [
    {
      "url": "https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zip",
      "accessed": "2026-10-12",
      "name": "leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL)",
      "note": "Authoritative. Retrieved with tools/fetch.py, which reads the archive's central directory by HTTP range request and fetches only this section's member. The leginfo.legislature.ca.gov HTML page sits behind a bot challenge; this is the same database that backs it."
    },
    {
      "url": "https://california.public.law/codes/civil_code_section_4610",
      "accessed": "2026-10-12",
      "name": "California Public Law (Public.Law)",
      "note": "Independent publisher, used to check the text word for word.",
      "edition": "2025"
    }
  ],
  "subdivisions": [
    {
      "id": "a",
      "label": "(a)",
      "text": "Except as provided in this section, the common area in a condominium project shall remain undivided, and there shall be no judicial partition thereof. Nothing in this section shall be deemed to prohibit partition of a cotenancy in a condominium.",
      "anchor": "https://quoroom.org/law/severability#s4610-a"
    },
    {
      "id": "b",
      "label": "(b)",
      "text": "The owner of a separate interest in a condominium project may maintain a partition action as to the entire project as if the owners of all of the separate interests in the project were tenants in common in the entire project in the same proportion as their interests in the common area. The court shall order partition under this subdivision only by sale of the entire condominium project and only upon a showing of one of the following:",
      "anchor": "https://quoroom.org/law/severability#s4610-b"
    },
    {
      "id": "b-1",
      "label": "(b)(1)",
      "text": "More than three years before the filing of the action, the condominium project was damaged or destroyed, so that a material part was rendered unfit for its prior use, and the condominium project has not been rebuilt or repaired substantially to its state prior to the damage or destruction.",
      "anchor": "https://quoroom.org/law/severability#s4610-b-1"
    },
    {
      "id": "b-2",
      "label": "(b)(2)",
      "text": "Three-fourths or more of the project is destroyed or substantially damaged and owners of separate interests holding in the aggregate more than a 50-percent interest in the common area oppose repair or restoration of the project.",
      "anchor": "https://quoroom.org/law/severability#s4610-b-2"
    },
    {
      "id": "b-3",
      "label": "(b)(3)",
      "text": "The project has been in existence more than 50 years, is obsolete and uneconomic, and owners of separate interests holding in the aggregate more than a 50-percent interest in the common area oppose repair or restoration of the project.",
      "anchor": "https://quoroom.org/law/severability#s4610-b-3"
    },
    {
      "id": "b-4",
      "label": "(b)(4)",
      "text": "Any conditions in the declaration for sale under the circumstances described in this subdivision have been met.",
      "anchor": "https://quoroom.org/law/severability#s4610-b-4"
    }
  ]
}